This chapter shall be known as the "New Garden Township Traffic Ordinance."
B.
BOARD OF SUPERVISORS
GENERAL ASSEMBLY
PENNSYLVANIA MOTOR VEHICLE CODE, MOTOR VEHICLE CODE, or VEHICLE CODE
POLICE DEPARTMENT
ROADMASTER
TOWNSHIP
TRAFFIC CONTROL DEVICE
In this chapter the following words and phrases shall
have the following definitions:
The Board of Supervisors of New Garden Township, Chester County,
Pennsylvania.
The Legislature of the Commonwealth of Pennsylvania, the State and
House of Representatives.
The Pennsylvania Motor Vehicle Code (Act of June 17, 1976, P.L. 162,
No. 81), 75 Pa.C.S.A § 101 et seq.
The New Garden Township, Chester County, Pennsylvania, Police Department.
A Roadmaster or other Township representative responsible for overseeing
the roadways located within New Garden Township, Chester County, Pennsylvania.
New Garden Township, Chester County, Pennsylvania.
A device, whether manually, electrically or mechanically operated,
by which traffic is alternately directed to stop and permitted to proceed.
C.
In this chapter, the single shall include the plural,
the plural shall include the single, and the masculine shall include the feminine.
The provisions of this chapter, in so far as they are the same as those
of ordinances in force prior to the adoption of this chapter, are intended
as a continuation of such ordinances and regulations, and not as new enactments.
The provisions of this chapter shall not affect any act done or liability
incurred, nor shall they affect any suit or prosecution pending or to be instituted
to enforce any right or penalty, or to punish any offense under such ordinances
or regulations as aforesaid.
A.
The Township Supervisors or the Chief of Police shall
have the following powers to regulate traffic and parking in the time of an
emergency, or any other such event occurrence:
(1)
In case of fire, flood, storm, earthquake, natural disaster
or other emergency, to establish temporary traffic and/or parking regulations
and restrictions; and
(2)
In case of public works emergency or public event of
limited scope or duration, to restrict or prohibit traffic and/or parking
in limited areas, or otherwise establish temporary traffic and/or parking
regulations for periods of not more than seven days.
B.
Any such temporary and emergency regulations shall be
enforced by the Township Supervisors or Township Police Department in the
same manner as permanent regulations. Any person who drives, operates, or
parks any vehicle in violation of any such regulation, or who moves, removes,
destroys, injures, damages, defaces or otherwise damages any sign or other
marking erected, posted, established, set up, or otherwise made to give notice
of any such regulation, or otherwise violates or permits the violation of
any provision of this chapter, shall, upon being found liable thereof in a
criminal enforcement proceeding, pay a fine of not more than $1,000, plus
court costs and reasonable attorneys' fees, and may be incarcerated for
a period not exceeding 90 days for each and every day of violation. Such fine,
costs, attorneys' fees and incarceration, after being reduced to a final,
unappealed judgment, shall be enforced by the Township pursuant to the applicable
Rules of Criminal Procedure. Each twenty-four-hour period during which failure
to comply with this chapter continues shall constitute a separate violation.
These remedies shall be in addition to any other lawful remedies available
to the Township or the Police Department.
The Township Supervisors and/or the Police Department may, from time
to time, designate places upon or along Township streets where, for a period
of not more than 90 days, specific traffic and/or parking regulations, prohibitions
and/or restrictions shall be in full force and effect, and shall designate
those locations by appropriate signs and/or markings. Those regulations, prohibitions
and/or restrictions shall be effective in the same manner as if they had been
specifically specified within this chapter. Accordingly, no person shall drive,
operate or park a vehicle in violation of any such regulation, prohibition
and/or restriction, and no person shall move, remove, destroy, damage or otherwise
deface any sign or marking erected, posted or made by authority of this section.
Any person who violates any provision of this section shall, upon being found
liable thereof in a criminal enforcement proceeding, pay a fine of not more
than $1,000, plus court costs and reasonable attorneys' fees, and may
be incarcerated for a period not exceeding 90 days for each and every violation.
Such fine, costs, attorneys' fees and incarceration, after being reduced
to a final, unappealed judgment, shall be enforced by the Township pursuant
to the applicable Rules of Criminal Procedure. Each twenty-four-hour period
during which failure to comply continues shall constitute a separate violation.
This remedy shall be in addition to any lawful remedies available to the Township
or the Police Department. It is specifically noted that the purpose of this
section is to allow for the test and experimental determination of the feasibility
and desirability of permanent changes in the chapter of the Township relating
to traffic and parking.
A.
The Township Supervisors, Roadmaster, or Chief of Police shall
have the authority to close any highway to vehicular traffic and/or to close
or restrict any highway to vehicular traffic, and to place barriers, or, by
the authority of the Chief of Police, station police officers or fire police
upon such closed or restricted roadway, while construction or maintenance
work is underway, or while a special event is being conducted. It shall be
unlawful for any person to operate, drive and/or park a motor vehicle upon
any such closed portion of roadway.
B.
The Township Supervisors, Roadmaster and/or Chief of Police shall
have authority to establish a restricted traffic area upon any street where
construction or maintenance work is required, or otherwise being performed,
and to station flagmen in and about the restricted street area. It shall be
unlawful for any person to drive, operate or park a vehicle upon any such
restricted street or area at any time when a flagman is attempting to control
traffic, or is otherwise signaling, by flag or device, not to proceed.
C.
Any person who violates or permits the violation of any provision
of this section shall, upon being found liable thereof in a criminal enforcement
proceeding, pay a fine of not more than $1,000, plus court costs and reasonable
attorneys' fees, and may be incarcerated for a period not exceeding 90 days
for each and every day of violation. Such fine, costs, attorneys' fees and
incarceration, after being reduced to a final, unappealed judgment, shall
be enforced by the Township pursuant to the applicable Rules of Criminal Procedure.
Each twenty-four-hour period during which failure to comply with this chapter
continues shall constitute a separate violation. These remedies shall be in
addition to any lawful remedies available to the Township or the Police Department.
Police officers of the Township shall have full authority on all the
highways, streets, roads, and intersections within the Township where the
provisions of the Pennsylvania Motor Vehicle Code and this chapter apply,
to do the following:
A.
Regulate and control traffic and parking.
B.
Enforce, in accordance with applicable law, speed restrictions
of the Vehicle Code and this chapter by or with any device, instrument or
other means authorized or otherwise not prohibited by applicable law, including,
but not limited to use of speedometers, excessive speed preventers, speed
checks, Vascar Plus and/or stop watches.
C.
Enforce, in accordance with applicable law, provisions of the
Pennsylvania Motor Vehicle Code concerning driving under the influence of
alcohol and/or drugs, by or through any advice, instrument, procedure, mechanism
or other means authorized or not otherwise prohibited by the Pennsylvania
Motor Vehicle Code, or other applicable law.
D.
Enforce, in accordance with applicable law, any and all provisions
of the Pennsylvania Motor Vehicle Code and this chapter within New Garden
Township, Chester County, Pennsylvania, using any device, instrument, equipment,
or other means authorized or otherwise not prohibited by applicable law.
